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Resolution 2023-32765RESOLUTION NO. 2023-32765 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 0.8468 MILLS FOR FISCAL YEAR 2024 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ELEVEN AND THREE TENTHS PERCENT (11.3%) MORE THAN THE "ROLLED -BACK" RATE OF 0.7610 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 27, 2023, AT 5:02 P.M. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93- 2881 on October 20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood Improvement District ("District"); and WHEREAS, Section 200.065, Florida Statutes, specifies the method by which municipalities may set the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, the maximum millage that can be approved for the District by a majority (4/7th) vote is 0.7826 mills, anything beyond this rate, up to 0.8609 mills, requires a two-thirds (5/7th) vote, and a unanimous approval is required to approve a millage rate above 0.8609 mills for Fiscal Year (FY) 2024; and WHEREAS, on July 26, 2023, the City Commission, acting as the Board of Directors of the District, adopted Resolution No. 2023-32718 which set the proposed operating millage rate of the District at 0.8468 mills for the purpose of providing security services within the District for FY 2024; and WHEREAS, on September 13, 2023, pursuant to Section 200.065, Florida Statutes, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget for the District for FY 2024. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT that, following a duly noticed public hearing on September 13, 2023, the Mayor and City Commission hereby adopts the Tentative Operating Millage rate of 0.8468 mills for the District for FY 2024, which is eleven and three tenths percent (11.3%) more than the "Rolled -back" rate of 0.7610 mills, subject to a second public hearing scheduled on Wednesday, September 27, 2023, at 5.02 p.m., in the Miami Beach Convention Center at 1901 Convention Center Drive, Meeting Rooms 222-225, Miami Beach, Florida 33139. PASSED AND ADOPTED this 13th day of Septe 2023. ATTEST: SEP 2 0 2023 Secretato the District Chairperson of the District APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ilk City Attorney Date Resolutions - R7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 13, 2023 5:02 p.m. First Reading Public Hearing SUBJECT.A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 0.8468 MILLS FOR FISCAL YEAR 2024 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ELEVEN AND THREE TENTHS PERCENT (11.3%) MORE THAN THE "ROLLED -BACK" RATE OF 0.7610 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 27, 2023, AT 5:02 P.M. RECOMMENDATION See attached Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Memorandum. . HIrmtGzt� Ct<_ BN No Strategic Connection Organizational Innovation- Ensure strong fiscal stewardship. Legislative Tracking Office of Management and Budget Page 1892 of 2938 ATTACHMENTS: Description Memo - FY2024 Normandy Shores Tent Millage Rate Resolution Page 1893 of 2938 MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www rniomibeochfl gov COMMISSION MEMORANDUM TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 13, 2023 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 0.8468 MILLS FOR FISCAL YEAR 2024 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ELEVEN AND THREE TENTHS PERCENT (11.3%) MORE THAN THE "ROLLED -BACK" RATE OF 0.7610 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 27, 2023, AT 5:02 P.M. STRATEGIC PLAN SUPPORTED Organizational Innovation — Ensure strong fiscal stewardship ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District ("District"), adopt the Resolution which authorizes the City Manager to transmit the following information to the Miam�Dade County Property Appraiser: 1) The Tentatively Adopted Millage Rate for the Normandy Shores Neighborhood Improvement District for Fiscal Year (FY) 2024: General Operating 0.8468 mills (0.1249 decrease from last year) 2) The second public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and budget for FY 2024 shall be on Wednesday, September27, 2023, at 5:02 p.m., in the Miami Beach Convention Center at 1901 Convention Center Drive, Meeting Rooms 222-225, Miami Beach, Florida 33139. The millage proposed for the Normandy Shores Local Govemment Neighborhood Improvement District for FY 2024 of 0.8468 mills is 0.1249 mills, or 12.9%, less than the adopted FY 2023 millage rate of 0.9717 mills. Page 1894 of 2938 FY 2024 Normandy Shores Tentative Mlllage Rate September 13, 2023 Page 2 of 5 BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District, which is a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community. FY 2024 represents its thirtieth year of operation. The District was established by Ordinance No. 93-2881 and has the authority "to levy an ad - valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements." On September 11,1997, Resolution No. 97-22522 adopted the District's Tentative FY 1998 millage rate. The accompanying memorandum noted that the City had been funding the gap between the revenues generated from the ad valorem taxes and the budget, that the City could not continue to subsidize this budget and that the District should be self-sustaining. This memorandum also noted that Resolution No. 97-22487 included the City Commission's direction to the City Clerk to take such steps as may be necessary to hold a special referendum for the purpose of authorizing special assessments to raise $41,915 for operating purposes within the District for FY 1998. On September 23, 1998, Resolution No. 98-22902 adopted the District's FY 1999 budget. The accompanying memorandum noted that the City had been funding the gap between the revenues generated from the ad valorem taxes and the budget and that a determination was reached that the City would fund 35% of the annual cost of the community guard gate. It also stated that the cost would eventually be funded by the golf course and that the City Attorney's Office would review the issue of the dependent status of the District, and the City would continue supplementing the budget at current levels until both issues are resolved. On September 25, 2002, Ordinance No. 2002-3380 adopted the removal of the $500 annual cap per parcel. The accompanying memorandum noted that the City's 35% contribution would be maintained. In 2015, as part of a "clean up" Ordinance to repeal three other safe neighborhood districts that were no longer active, the Mayor and City Commission enacted Ordinance No. 2015-3928. With respect to the Normandy Shores District, because the prior versions of the ordinance had not been codified as part of the consolidated legislation of the City, the 2015 Ordinance sought to codify the legislation, but in doing so, inadvertently re -adopted the original 1993 Ordinance that included an ad valorem cap of $500 per property and not the correct, most recent, version of the legislation, the 2002 Ordinance, which deleted the cap of $500 per property. In order to correct the inadvertent error in the 2015 Ordinance and eliminate the $500 per property cap, as intended since 2002, the Mayor and City Commission adopted Ordinance No. 2020-4386 on December 9, 2020. On July 28, 2021, the City Commission, based on the recommendation of the Finance and Economic Resiliency Committee at its July 31, 2021 meeting, approved Resolution No. 2021- 31819 eliminating the City's 35% subsidy, while continuing to fund 50% of the total cost of the security rover for the District and Normandy Shores golf course. Page 1895 of 2938 FY 2024 Normandy Shores Tentative Millage Rate September 13, 2023 Page 3 of 5 Since then, the annual budget for the Normandy Shores Local Government Neighborhood Improvement District has been funded through a dedicated ad valorem tax levied on property within the District with the City continuing to fund 50% of the total cost of the security rover for the District and Normandy Shores golf course. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the millage and budget of the principal taxing authority, i.e., the City of Miami Beach. It also requires that a tentative millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled -back" rate, and the date, time, and place of the second public hearing scheduled to adopt the final millage rate. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved (see accompanying District Budget agenda item for details). Florida Statute requires that the name of the taxing authority, the rolled -back rate, the percentage increase, and the millage rate be publicly announced before adoption of the millage Resolution. NORMANDY SHORES PROPERTY VALUES On July 1, 2023, the City received the 2023 Certification of Taxable Value from the Miami -Dade County Property Appraiser for the Normandy Shores Local Government Neighborhood Improvement District indicating that the taxable value was approximately $392.8 million, including $3.4 million of new construction. Overall, this represents an increase of approximately $87.3 million, or 28.6%, over the 2022 Certification of Taxable Value of $305.5 million. Props 0, 1 1 t1 Existing Values $305,472,912 New Construction 0 TNM Maws shorn tp0smuu PROPOSED MILLAGE & BUDGET $389,416,157 $83,943,245 3,369.531 i 3,369,531 27.5% 100,0% s.� Based on the 2023 Certification of Taxable Value from the Miami -Dade County Property Appraiser for the Normandy Shores Local Government Neighborhood Improvement District, the ad valorem millage proposed for FY 2024, which was approved by the Normandy Shores Homeowners' Association and is recommended by the Administration for FY 2024 is 0.8468 mills. The millage recommended for FY 2024 is 0.1249 mills, or 12.9%, less than the adopted FY 2023 millage rate of 0.9717 mills. This proposed millage would generate proceeds of $332,611, which will be budgeted at approximately 95.0%, or $315,980 (rounded to $316,000), to account for early payment discounts, delinquencies, etc. and will fund the proposed FY 2024 budget for the District that includes a project for the south gate entrance that was requested by the Normandy Shores Homeowners' Association. Page 1896 of 2938 FY 2024 Normandy Shores Tentative Mittage Rate September 13, 2023 Page 4 of 5 The Normandy Shores Local Government Neighborhood Improvement District budget proposed for FY 2024, as summarized below, is $316,000, which is an increase of $34,000, or 12.1 %, from the adopted FY 2023 budget of $282,000. Cankadad >3 x5f► Ow - ins for Quwdlt m and 50% of ibwr f 2.27,000 Gate Maintenance and Repairs 40,500 Sys for Rsrahrel and Rplroenw+t of cspiid PaN& 20,000 Guardhouse Utilities and Janitorial Services 11.000 SaMA"Jalr weWr4o for f^tbre Pit %Wo South Gate Entrance Project (One -Time) 6,000 Ole kft"af 3Wvio9 amp* 1,000 Other Miscellaneous Operating Expenditures 500 To" $31%M STATUTORY REQUIREMENTS Florida Statute 200.065, entitled "Method of Fixing Millage," establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like the Normandy Shores Local Government Neighborhood Improvement District in setting its millage (property tax) rates. Not unlike its principal taxing authority, the City of Miami Beach, the Normandy Shores Local Government Neighborhood Improvement District is also required to transmit within 35 days from receipt of the Certification of Taxable Value (received by July 1, 2023), to the Miami -Dade County Property Appraiser, a proposed operating millage rate, the calculated "rolled -back" rate and the date, time, and place of the first public hearing to consider the proposed operating millage rate and budget for FY 2024. After setting the proposed operating millage rate the City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, may, at any time prior to final adoption, lower the proposed millage rate. However, any increase above the proposed rate of 0.8468 mills for FY 2024, if adopted, would require an expensive mailing and advertising process to each property owner in the Normandy Shores Local Government Neighborhood Improvement District. Therefore, this proposed millage rate is viewed as the ceiling. Adoption of the proposed FY 2024 millage rate of 0.8468 mills for the Normandy Shores Local Government Neighborhood Improvement District would, therefore, require a two-thirds approval (5 of 7 votes) by the City Commission per the State of Florida's Truth-in-Millage (TRIM) requirements. Page 1897 of 2938 FY 2024 Normandy Shores Tentative Millage Rate September 13, 2023 Page 5 of 5 It must be noted that, in accordance with Florida Statutes, there is an operating cap of 10 mills which cannot be exceeded without voter approval. Combining both millage rates from the dependent district (0.8468) and its principal taxing authority (5.8155) totals 6.6623 mills, which is 3.3377 mills less than the statutory cap of 10 mills. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, should adopt the Resolution which establishes a tentative millage rate of 0.8468 mills for FY 2024 and schedules the second and final public hearing on Wednesday, September 27, 2023, at 5:02 p.m., in the Miami Beach Convention Center at 1901 Convention Center Drive, Meeting Rooms 222-225, Miami Beach, Florida 33139. ATH/JG/TOS Page 1898 of 2938